Debrief on roundtable with the ACCC

Freight & Trade Alliance and the Australian Peak Shippers Association (APSA) participated in an industry roundtable on Friday 24 March 2017 with the Australian Competition and Consumer Commission (ACCC) in respect to the DP World Australia (DPWA) infrastructure surcharges scheduled for implementation on 17 April 2017.
 
Other industry representatives groups that participated were Road Freight NSW, the Customs Brokers & Forwarders Council of Australia (CBFCA) and the Container Transport Alliance of Australia (CTAA).
 
The 980% fee increase was announced by DPWA as a "take it or leave it" arrangement, with shippers and transport operators having no opportunity to negotiate or to exercise any market power.  As a consequence the ACCC has requested further information to assist in their review of whether or not DPWA has: 

• misused its market power;

• been unconscionable in its conduct; and/or

• engaged in unfair contract terms.

 
Please note that this is not a dead issue and FTA/APSA will continue to work with the ACCC and other stakeholders in challenging the legality of this charge - this will be pursued to its fullest.
 
In parallel FTA/APSA will continue to consult with DPWA on alternative commercial models and minimum levels of service for landside operations.
 
We thank the ACCC for their engagement and we will keep members up to date with all developments as they emerge.
 
Travis Brooks-Garrett – FTA / APSA